Internet Intermediaries Liability: Participative Networking Platforms and Harmful Content

Abstract

This paper proposes a new conceptual approach to the issue of Internet Service Intermediaries’ (ISIs) liability by classifying these agents into Authority Gatekeepers and Micro-Gatekeepers. This classification aims to give a better understanding of ISIs role on the new online chain of communication and their responsibility for harmful content created by third parties. This paper analyses from a critical perspective how legal sources have addressed the liability of one type of ISIs, Platform Networked Providers (PNP) such as Facebook, for harmful digital communications and proposes a new way to deal with this problem in order to balance Freedom of Expression and effectively deterring harmful speech.